shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5).
setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required. No provider of wire or electronic communication service, officer, employee, or agent thereof, or landlord, custodian, or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished a court order or certification under this chapter, except as may otherwise be required by legal process and then only after prior notification to the Attorney General or to the principal prosecuting attorney of a State or any political subdivision of a State, as may be appropriate. Any such disclosure, shall render such person liable for the civil damages provided for in section 2520. No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order, statutory authorization, or certification under this chapter.
is not an offense under this subsection unless the conduct is for the purposes of direct or indirect commercial advantage or private financial gain.
then the person who engages in such conduct shall be subject to suit by the Federal Government in a court of competent jurisdiction.
18 U.S.C. § 2511
Amendment of Paragraph (2)(a)(ii)(A) Pub. L. 110-261, title IV, §403(b)(2), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112-238, §2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115-118, title II, §201(a)(2), Jan. 19, 2018, 132 Stat. 19, provided that, except as provided in section 404 of Pub. L. 110-261 set out as a note under section 1801 of Title 50, War and National Defense, effective two years after Apr. 20, 2024, paragraph (2)(a)(ii)(A) of this section is amended by striking "or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978".
EDITORIAL NOTES
REFERENCES IN TEXTThe Foreign Intelligence Surveillance Act of 1978, referred to in par. (2)(e), (f), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to chapter 36 (§1801 et seq.) of Title 50, War and National Defense. Sections 101 and 704 of the Foreign Intelligence Surveillance Act of 1978, referred to in par. (2)(a)(ii), (e), and (f), are classified to sections 1801 and 1881c of Title 50, respectively. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 50 and Tables.Sections 633, 705, and 706 of the Communications Act of 1934, referred to in par. (2)(e), (f), (g)(iii), are classified to sections 553, 605, and 606 of Title 47, Telecommunications, respectively.
AMENDMENTS2018-Par. (2)(j). Pub. L. 115-141 added subpar. (j). 2008-Par. (2)(a)(ii)(A). Pub. L. 110-261, §101(c)(1), inserted "or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978" after "assistance".Par. (2)(a)(iii). Pub. L. 110-261, §102(c)(1), added cl. (iii). 2002-Par. (2)(a)(ii). Pub. L. 107-296, §2207(h)(2), formerly §225(h)(2), as renumbered by Pub. L. 115-278, §2(g)(2)(I), inserted ", statutory authorization," after "terms of a court order" in concluding provisions.Par. (4)(b), (c). Pub. L. 107-296, §2207(j)(1), formerly §225(j)(1), as renumbered by Pub. L. 115-278, §2(g)(2)(I), redesignated subpar. (c) as (b) and struck out former subpar. (b) which read as follows: "If the offense is a first offense under paragraph (a) of this subsection and is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, and the wire or electronic communication with respect to which the offense under paragraph (a) is a radio communication that is not scrambled, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication, then-"(i) if the communication is not the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication or a paging service communication, and the conduct is not that described in subsection (5), the offender shall be fined under this title or imprisoned not more than one year, or both; and"(ii) if the communication is the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication or a paging service communication, the offender shall be fined under this title." 2001-Par. (2)(f). Pub. L. 107-56, §204, substituted "this chapter or chapter 121 or 206 of this title, or section 705 of the Communications Act of 1934" for "this chapter or chapter 121, or section 705 of the Communications Act of 1934" and "wire, oral, and electronic communications" for "wire and oral communications".Par. (2)(i). Pub. L. 107-56, §217(2), added subpar. (i).1996-Par. (1)(e)(i). Pub. L. 104-294 substituted "sections 2511(2)(a)(ii), 2511(2)(b)-(c), 2511(2)(e), 2516, and 2518 of this chapter" for "sections 2511(2)(A)(ii), 2511(b)-(c), 2511(e), 2516, and 2518 of this subchapter".1994-Par. (1)(e). Pub. L. 103-322, §320901, added par. (1)(e).Par. (2)(a)(i). Pub. L. 103-414, §205, inserted "or electronic" after "transmission of a wire". Par. (4)(b). Pub. L. 103-414, §204, in introductory provisions substituted ", encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication, then" for "or encrypted, then".Par. (4)(b)(i). Pub. L. 103-414, §202(b)(1), inserted "a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit," after "cellular telephone communication,".Par. (4)(b)(ii). Pub. L. 103-414, §202(b)(2), inserted "a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit," after "cellular telephone communication,". Pub. L. 103-322, §330016(1)(G), substituted "fined under this title" for "fined not more than $500". 1986- Pub. L. 99-508, §101(c)(1)(A), substituted "wire, oral, or electronic" for "wire or oral" in section catchline. Par. (1). Pub. L. 99-508, §101(c)(1)(A), (d) (1), (f)[(1)], substituted "intentionally" for "willfully" in subpars. (a) to (d) and "wire, oral, or electronic' for "wire or oral" wherever appearing in subpars. (a), (c), and (d), and in concluding provisions substituted "shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5)" for "shall be fined not more than $10,000 or imprisoned not more than five years, or both".Par. (2)(a)(i). Pub. L. 99-508, §101(c)(5), substituted "a provider of wire or electronic communication service" for "any communication common carrier" and "of the provider of that service, except that a provider of wire communication service to the public" for "of the carrier of such communication: Provided, That said communication common carriers".Par. (2)(a)(ii). Pub. L. 99-508, §101(b)(1), (c) (1)(A), (6), substituted "providers of wire or electronic communication service" for "communication common carriers", "wire, oral, or electronic" for "wire or oral", "if such provider" for "if the common carrier", "provider of wire or electronic communication service" for "communication common carrier" wherever appearing, "such disclosure" for "violation of this subparagraph by a communication common carrier or an officer, employee, or agent thereof", "render such person liable" for "render the carrier liable", and "a court order or certification under this chapter" for "an order or certification under this subparagraph" in two places.Par. (2)(b). Pub. L. 99-508, §101(c)(1)(B), inserted "or electronic" after "wire".Par. (2)(c). Pub. L. 99-508, §101(c)(1)(A), substituted "wire, oral, or electronic" for "wire or oral".Par. (2)(d). Pub. L. 99-508, §101(b)(2), (c) (1)(A), substituted "wire, oral, or electronic" for "wire or oral" and struck out "or for the purpose of committing any other injurious act" after "of any State".Par. (2)(f). Pub. L. 99-508, §101(b)(3), inserted "or chapter 121" in two places and substituted "foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means" for "foreign communications by a means". Par. (2)(g), (h). Pub. L. 99-508, §101(b)(4), added subpars. (g) and (h).Par. (3). Pub. L. 99-508, §102, added par. (3).Pars. (4), (5). Pub. L. 99-508, §101(d)(2), added pars. (4) and (5).1984-Par. (2)(e). Pub. L. 98-549, §6(b)(2)(A), substituted "section 705 or 706" for "section 605 or 606".Par. (2)(f). Pub. L. 98-549, §6(b)(2)(B), substituted "section 705" for "section 605".1978-Par. (2)(a)(ii). Pub. L. 95-511, §201(a), substituted provisions authorizing communication common carriers etc., to provide information to designated persons, prohibiting disclosure of intercepted information, and rendering violators civilly liable for provision exempting communication common carriers from criminality for giving information to designated officers. Par. (2)(e), (f). Pub. L. 95-511, §201(b), added par. (2)(e) and (f).Par. (3). Pub. L. 95-511, §201(c), struck out par. (3) which provided that nothing in this chapter or section 605 of title 47 limited the President's constitutional power to gather necessary intelligence to protect the national security and stated the conditions necessary for the reception into evidence and disclosure of communications intercepted by the President.1970-Par. (2)(a). Pub. L. 91-358 designated existing provisions as cl. (i) and added cl. (ii).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Amendments by sections 101(c)(1) and 102(c)(1) of Pub. L. 110-261 effective July 10, 2008, except as otherwise provided in section 404 of Pub. L. 110-261 set out as a Transition Procedures note under section 1801 of Title 50, War and National Defense, see section 402 of Pub. L. 110-261 set out as a note under section 1801 of Title 50. Pub. L. 110-261, title IV, §403(b)(2), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112-238, §2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115-118, title II, §201(a)(2), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118-31, div. G, title IX, §7902(a)(2), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118-49, §19(a)(2), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110-261 set out as a Transition Procedures note under section 1801 of Title 50, War and National Defense, the amendments made by section 403(b)(2) are effective two years after the date of enactment of the Reforming Intelligence and Securing America Act, Pub. L. 118-49 which was approved Apr. 20, 2024.
EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296 set out as an Effective Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104-294 set out as a note under section 13 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99-508 set out as a note under section 2510 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-549 effective 60 days after Oct. 30, 1984, see section 9(a) of Pub. L. 98-549 set out as an Effective Date note under section 521 of Title 47, Telecommunications.
EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-511 effective Oct. 25, 1978, except as specifically provided, see section 401 of Pub. L. 95-511 formerly set out as an Effective Date note under section 1801 of Title 50, War and National Defense.
EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-358 effective on first day of seventh calendar month which begins after July 29, 1970, see section 901(a) of Pub. L. 91-358.
- State
- "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States;
- electronic communication service
- "electronic communication service" means any service which provides to users thereof the ability to send or receive wire or electronic communications;
- electronic communication
- "electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system that affects interstate or foreign commerce, but does not include-(A) any wire or oral communication;(B) any communication made through a tone-only paging device;(C) any communication from a tracking device (as defined in section 3117 of this title); or(D) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds;
- electronic communications system
- "electronic communications system" means any wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications;
- electronic, mechanical, or other device
- "electronic, mechanical, or other device" means any device or apparatus which can be used to intercept a wire, oral, or electronic communication other than-(a) any telephone or telegraph instrument, equipment or facility, or any component thereof, (i) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business; or (ii) being used by a provider of wire or electronic communication service in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties;(b) a hearing aid or similar device being used to correct subnormal hearing to not better than normal;
- intercept
- "intercept" means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.1
- oral communication
- "oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term does not include any electronic communication;
- person
- "person" means any employee, or agent of the United States or any State or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation;
- readily accessible to the general public
- "readily accessible to the general public" means, with respect to a radio communication, that such communication is not-(A) scrambled or encrypted;(B) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication;(C) carried on a subcarrier or other signal subsidiary to a radio transmission;(D) transmitted over a communication system provided by a common carrier, unless the communication is a tone only paging system communication; or(E) transmitted on frequencies allocated under part 25, subpart D, E, or F of part 74, or part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio;
- user
- "user" means any person or entity who-(A) uses an electronic communication service; and(B) is duly authorized by the provider of such service to engage in such use;
- wire communication
- "wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception (including the use of such connection in a switching station) furnished or operated by any person engaged in providing or operating such facilities for the transmission of interstate or foreign communications or communications affecting interstate or foreign commerce;